Bloomsbury Professional Connected and Associated: Insolvency and Pensions Law

Connected and Associated: Insolvency and Pensions Law discusses, in detail, the meaning and scope of the ‘connected’, ‘associated’ and ‘control’ tests used in the Insolvency Act 1986. These are in sections 249 and 435, and are incorporated by reference in pensions legislation. It also looks at the linked connected person test in The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021. Connected and Associated: Insolvency and Pensions Law will help you to: - Decide whether a person is connected or associated with another under the insolvency test for the purposes of preferences, transactions at an undervalue, or voting in creditor meetings - Decide whether there is a risk of falling within the potential target net for a contribution notice or financial support direction under the moral hazard powers of the Pensions Regulator in the Pensions Act 2004 - Check whether an investment by a pension scheme is within the limits on employer-related investment under the Pensions Act 1995 - Work out when a disposal by an administrator will be to a connected person - Work out who satisfies the independence test for an evaluator - Deal with connected person voting majorities in a creditor vote in a CVA and a Part A1 Moratorium - Understand the implications of the Administration (Restriction on Disposal etc. to Connected Persons) Regulations 2021 Written by David Pollard, one of the leading experts in this field, this is the only in-depth review of the complex test for connected or associated persons and, as such, is an essential title for insolvency and pension lawyers, litigators, pension trustees, employers, investors, lenders and their advisers. David Pollard is a leading and highly experienced lawyer in the insolvency and pensions fields and in related areas. He is a barrister, practising from Wilberforce Chambers in Lincoln’s Inn, and previously practised for 37 years as a solicitor in London and Singapore. David's practice focuses on pensions law; insolvency law and; employment law (involving pensions). He was Chairman of the Association of Pension Lawyers (APL) from 2001 to 2003 and has been a vice chair of the Industrial Law Society. PART 1: INTRODUCTION PART 2: INTERPRETING SECTIONS 239 AND 435 PART 3: USES OF CONNECTION, ASSOCIATION OR CONTROL PART 4: CONNECTED PART 5: DIRECTORS, EMPLOYERS AND EMPLOYEES PART 6: ASSOCIATES PART 7: CONTROL PART 8: CONTROL THROUGH VOTING POWER – S 435(10)(B) PART 9: CONTROL THROUGH ‘ DOMINATION ’ OF DIRECTORS – S 435(10)(A) PART 10: CONTROL AFTER INSOLVENCY ? PART 11: MAIN CONCLUSIONS ON CONTROL PART 12: WHO IS NOT CONNECTED OR ASSSOCIATED ? PART 13: CVAS AND IVAS – CONNECTED CREDITORS Appendix A: Insolvency Act 1986, ss 249 and 435 and linked legislation Appendix B: Company Law Review Steering Group (2000) Appendix C: Similar terms in other legislation